Limitation of Actions — Settlement agreements — Historical sexual abuse — Application to set aside settlement agreements — Applicable standard of appellate review — No claim for economic loss damages made prior to entry into settlement agreements — Reasons for not making claim for economic loss damages — Whether associate judge erred in finding just and reasonable to set aside settlement agreements in whole, thereby permitting claim for economic loss damages — Limitation of Actions Act 1958 (Vic), s 27QE

Companies — Winding up — Standing to apply for winding up — Plaintiff executor of deceased estate of company’s sole director and sole shareholder — Whether executor had standing to bring application in name of company — Whether executor had standing to bring application as a contributory — Corporations Act 2001 (Cth), ss 461(1)(a), 461(1)(k), 462(2)(a), 462(2)(c), 528

Companies — Register of company — Correction of register — Current sole director and shareholder of company deceased — Whether executor of deceased estate entitled to be registered as holder of deceased’s shares — Whether order should be made to correct register where register could not be located — Corporations Act 2001 (Cth), ss 175(1), 1072E(2)

Practice and procedure — Judgments, orders and declarations — Application for final relief — Interlocutory judgment entered for damages to be assessed — Whether judgment for damages precludes alternate claim for debt — Whether damages assessable against first defendant as undisclosed principal of second defendant — Whether alternative misleading and deceptive conduct claim against second defendant made out — Appropriate form of judgment when inconsistent counterfactuals pleaded — Appropriateness of declaratory relief — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 24.02, 21.03, 21.04, 59.01

Contract — Agent — Whether contracting party agent for undisclosed principal, as well as acting for self

Administrative law — Judicial review — Plaintiff sought to file charge-sheet and summons in the Magistrates’ Court of Victoria to commence private prosecution against monarch for crimes of genocide under First Peoples’ sovereign laws, common law, and Commonwealth Criminal Code — Magistrates’ Court refused to issue proceeding — Whether charge-sheet capable of engaging criminal jurisdiction of Magistrates’ Court — Criminal Procedure Act 2009 (Vic), ss 6, 12 — Criminal Code Act 1995 (Cth), div 268 — Magistrates' Court Criminal Procedure Rules 2019 (Vic), r 13(c)

Courts and judges — Bias — Reasonable apprehension of bias — Whether pledge of allegiance to the Crown and taking affirmation of office constituted reasonable apprehension of bias

Evidence — Admissibility — Royal commissions — Reports of Royal Commission into Institutional Responses to Child Sex Abuse — Sentencing reasons, media articles and other materials submitted to Royal Commission — Whether admissible on application for immunity from jurisdiction — Evidence Act 2008 (Vic), s 91

Words and phrases — ‘Australian proceeding’

Real property — Torrens system — Restrictive covenants — Discharge or modification of covenants — Assessment of substantial injury — Identification of restriction’s purpose — Whether regard to other restrictive covenants permissible in aiding assessment of substantial injury — Property Law Act 1958 (Vic), s 84(1)(c)

Administrative law — Procedural fairness — Australian legal practitioner — Suspension of practising certificate of practitioner charged with offence — Decision made without notice to practitioner — Whether suspension decision made in material breach of requirements of procedural fairness — Whether suspension power conditioned on requirement of reasonableness or rationality — Legal Profession Uniform Law (Victoria), s 77

Legal practitioners — Practitioner charged with offence — Suspension of practising certificate — Decision made without notice — Whether suspension decision made in material breach of requirements of procedural fairness — Whether suspension power conditioned on requirement of reasonableness or rationality — Legal Profession Uniform Law (Victoria), s 77

Words and phrases — ‘immediately’

Contract — Interpretation — Contract for sale of land — Parties entered into settlement deed following dispute regarding contract — Clause in settlement deed provided for ‘immediate’ termination of contract by vendors upon purchaser’s failure to settle on nominated date — Vendor failed to settle on nominated date — Whether contract terminated automatically on default — Whether termination required election of vendors — Whether election subject to notice requirements under contract of sale

Private international law — Foreign judgments — Recognition — Enforcement — Grounds for refusal — Chinese judgment — Judgment included interest payable on judgment sum — Whether ‘double part interest’ portion of interest payment unenforceable as penal in nature

Courts and judges — Parens patriae or welfare jurisdiction — Application relating to child in care of Secretary to the Department of Families, Fairness and Housing — Application for further hearings to be conducted in closed court — Inherent jurisdiction to so order — Whether closed court required for hearings concerning a child — Whether appropriate to make closed court order — Open Courts Act 2013 (Vic), ss 28, 29

Practice and procedure — Separate questions — Case management procedures in Technology, Engineering and Construction List — Active case management — Potential joinder application — Whether questions clearly demarcated — Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 47.04 — Civil Procedure Act 2010 (Vic), ss 7(1), 8(1), 20, 22, 23, 25, 26, 29, 49

Equity — Receivers — Appointment by court — Settlement deed providing for sale of properties — Breakdown in parties’ relationship and ongoing breaches of settlement deed — Primary judge appointed receivers to sell properties — Whether appointment worked substantial injustice — Whether just and convenient to appoint receivers — Supreme Court Act 1986 (Vic), s 37(1)

Negligence — Jury verdict — Direction — Alternate case — Misdirection by trial judge in directing the jury not to consider alternative less severe injury case — Whether misdirection occasioned substantial wrong or miscarriage of justice — Whether Court of Appeal empowered to set aside judgment but retain jury verdict — Whether Court of Appeal should determine less severe injury case alone or remit proceeding for new trial on all issues — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.37 — Supreme Court Act 1986 (Vic), s 14 — Civil Procedure Act 2010 (Vic), ss 7–8

Landlord and tenant — Residential tenancy — Possession — Rental providers’ application for possession of rented premises — Renter served with notice to vacate on basis premises were to be sold — Notice accompanied by document purporting to be estate agent’s sale authority — Redacted document — Order for possession granted on basis of notice — Whether authority defective — Whether notice invalid — Residential Tenancies Act 1997 (Vic), ss 91ZZB, 91ZZO, 330, 330A

Natural justice — Application for possession of residential tenancy premises — Self represented party when opposing application — Whether renter given reasonable opportunity to present evidence and make submissions — Whether renter afforded procedural fairness — Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 97, 98

Evidence — Admissibility — Hearsay — Opinion — Use of evidence — Discretion — Evidence Act 2008 (Vic), ss 55, 56, 59, 69, 76, 81, 82, 135, 136, 190

Arbitration — Application to stay court proceedings — Kompetenz-Kompetenz doctrine — UNCITRAL Model Law on International Commercial Arbitration arts 2, 5, 7, 8, 16, 28, 34, 35, 36 — International Arbitration Act 1974 (Cth), ss 7, 16, 39

Courts and judges — Jurisdiction — Cross-vesting — Special federal matter — Action for enforcement of restrictive covenant — Defence alleged restrictive covenant ineffective and unenforceable under Commonwealth consumer legislation — Whether Court had jurisdiction to determine issue — Whether matter was one ‘arising under’ pt IV of the Competition and Consumer Act 2010 (Cth) — Whether matter for determination a ‘special federal matter’ — Whether special reasons justifying determination of proceeding by Court — Competition and Consumer Act 2010 (Cth), s 86 — Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 4(1), 6 — Jurisdiction of Courts (Cross-vesting) Act 1987 (Vic), ss 3, 6

Words and phrases — ‘special federal matter’

Criminal law — Child — Accused child not guilty of murder by reason of mental impairment — Whether child can be remanded to youth justice facility pending making of supervision order — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), s 24(1) — Children, Youth and Families Act 2005 (Vic), s 516(1) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 23(1), 32(1)

Practice and procedure — Artificial intelligence — Use of artificial intelligence in preparation of written submissions — Obligation of counsel and solicitors to ensure accuracy of any document filed with court

Planning and environment — Planning scheme — Non-residential use in neighbourhood residential zone — Repeat appeal — Whether wrong statutory test applied — Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148 — Planning and Environment Act 1997 (Vic) — Banyule Planning Scheme, cl 32.09

Administrative law — Planning and environment — Appeal — Revised plans — Repeat appeal

Real property — Restrictive covenant — Enforcement — Effect of notification of covenant on title — Whether restrictive covenant ‘touched and concerned’ benefitted land — Whether onus of proof on party seeking to enforce covenant against successor in title to original covenantor — Transfer of Land Act 1958 (Vic), ss 41, 42, 88

Real property — Restrictive covenant — Whether breach of restrictive covenant — Construction — Implication of terms — Clause of covenant requiring consent of proprietor of benefitted land — Whether consent subject to condition that it not be unreasonably withheld — Evidence — Whether expert evidence admissible

Real property — Restrictive covenant — Court’s discretion to modify covenant — Whether continued existence of covenant ‘would impede the reasonable user of the land without securing practical benefits to other persons’ — Whether modification of covenant would ‘not substantially injure the persons entitled to the benefit of the restriction’ — Admissibility of evidence — Whether expert evidence admissible — Property Law Act 1958 (Vic), s 84

Trade practices — Competition — Whether restrictive covenant had purpose, effect or likely effect of substantially lessening competition — Whether competition in market for land a form of proscribed competition — Competition and Consumer Act 2010 (Cth), s 45

Contract — Interpretation — Limitation of liability — Borrower entered loan agreement expressly in capacity as trustee — Trustee entitled to indemnity out of trust assets — Loan agreement provided for limitation on recourse of lender to trustee — Whether liability of trustee under loan agreement limited by clause providing for limitation on recourse of lender

Trust and trustees — Contract entered in capacity as trustee — Indemnity out of trust fund — Limitation on recourse — Whether limitation of liability or of enforcement

Criminal law — Appeal from Magistrates’ Court — Offence of ‘sexual activity directed at another person’ — Meaning of ‘sexual activity’ — Whether unsolicited exposure of genitals by video constituted ‘sexual activity’ — Crimes Act 1958 (Vic), ss 35D, 37A, 37B, 48

Practice and procedure — Tort — Personal injury claim — Significant injury — Referral to Medical Panel — Service of certificates of assessment and prescribed information — When service effective — Interaction of s 28LT of Wrongs Act 1958 (Vic) with County Court — Civil Procedure Rules 2018 (Vic) — Wrongs Act 1958 (Vic), pt VBA

Words and phrases — ‘serve’ — ‘service’